Punjab Environmental Protection (Administrative Penalty) Rules 2013.

GOVERNMENT OF THE PUNJAB

ENVIRONMENT PROTECTION

DEPARTMENT

                                                                         Dated Lahore the March 2013

NOTIFICATION

No.SO(G)EPD/8-1/2012. In exercise of the powers conferred under Section 31 of the Punjab Environment Protection Act, 1997 (XXXIV of 1997), Governor of the Punjab is pleased to make the following Rules; 

1.               Short title and commencement. – (1) These rules may be cited as the Punjab Environmental Protection (Administrative Penalty) Rules 2013.

(2)    They shall come into force at one.

2.               Definitions. -  (1) In these rules:

(a)      “Act” means the Punjab Environmental Protection Act,  1997(XXXIV of 1997);

(b)     “administrative penalty” means a penalty imposed by the  Director General or the  Authorized Officer;

(c)      “authorized Officer” means an officer of the Provincial Agency authorized by the    Director General;

(d)     “Department” means Environment Protection Department, Government of the     Punjab; and  

(e)      “Director General” means the Director General of the Provincial Environmental Protection Agency.

 (2)  Words and expressions used but not defined in these rules shall have the same meanings as are respectively assigned to them in the Act.

3.               Show cause notice. – (1) Subject to sub-rule (2), where the Director-General or the authorized officer is of the opinion that a person has contravened any provision of the Act, the Director General or the Authorized Officer may issue such person a notice, in Form A of Schedule-I, to show cause as to why the person should not pay to the Provincial Agency an Administrative Penalty as per amount set out in the notice in accumulative form based on the calculation made for each day against which the contravention continues.

(2)          A show cause notice for payment of administrative penalty shall not be issued by the Director-General or the Authorized Officer, under sub-rule (1) relating to a contravention in respect of which a complaint has already been filed in the Environmental Tribunal or before the Environmental Magistrate.

(3)          Nothing in these rules shall apply to a person who has been previously convicted of an offence under the Act or who has compounded an offence under the Act or who has paid an administrative penalty for a contravention of any provision of the Act.

4.               Notice for Payment of Administrative Penalty. - (1)The Director General or the Authorized Officer shall consider the written reply, if any, of the person to whom the show cause notice has been issued under rule 3 and grant such person an opportunity of personal hearing, if the person desires to be heard in person.

(2)                   The Director General or the authorized officer may issue a notice to the contravening person, in Form B of Schedule-I to pay, for payment of administrative penalty in an amount determined under rule 5 on or before a specified date.

(3)                   If the person, to whom the notice has been issued under sub-rule (2), fails to pay the administrative penalty by the specified date, the Director - General or the authorized officer shall initiate appropriate proceedings against such person in respect of the contravention in accordance with law.  

5.               Amount of administrative penalty. – (1) The amount of administrative penalty required to be paid under a notice issued under Rule 4 shall be determined keeping in view the extent and duration of the contravention and the attendant circumstances, but shall not:

(a)          in the case of a contravention punishable under Sub-Section (1) of Section 17 of the Act, be less than ten   thousand, rupees for every day the contravention continues; and

(b)         in the case of a contravention punishable under Sub-Section (2) of Section 17of the Act, be less than one thousand rupees for every day the contravention continues;

(2)             In case of contravention of Section 15 of the Act, the amount administrative penalty shall not be less than two hundred rupees for every day the contravention continues.

(3)             The amount of administrative penalty, mentioned in the notice under Rule 4,shall not exceed the amountmentioned in the show cause notice under Rule 3.

6.               Maintenance of Registers. -      (1) The Director-General shall maintain a register, in the form mentioned in the Schedule II, containing relevant details of notices for payment of Administrative Penalties issued under these rules. 

           (2)   The register mentioned in Sub-Rule (1) shall be open to inspection by the public during office hours.

SECRETARY

GOVERNMENT OF THE PUNJAB

ENVIRONMENT PROTECTION

DEPARTMENT

             

SCHEDULE I

Form A

[See Rule 3(1)]

Show Cause Notice for payment of Environmental Administrative Penalty Provincial Environmental Protection Agency

             

      To_______________________

1.     On the basis of information received/investigation made, I am of the opinion that you have prima facie contravened the provisions of section________ of the Punjab Environmental Protection Act1997 on [date] at [time] at [place].

2.     In the circumstances, I hereby call upon you to show cause why I should not, in exercise of powers under sub-section (7) of Section 17 of the Act, require you to pay to the Punjab Environmental Protection Agency an administrative penalty in the amount of Rs.____________for each day the contravention continues. The said contravention commenced on _____________ and continued till _________. The accumulated amount of administrative penalty comes to Rs. ____________. Please note that if you pay the aforesaid accumulated amount of administrative penalty, you will not be charged under the Act with an offence in respect of the contravention.

3.     Your reply should reach the undersigned within seven days of receipt of this notice_, failing which it shall be presumed that you do not wish to contest the matter, and I shall proceed to issue you notice to pay the aforesaid administrative penalty without further reference.

                                                                                    Director General / Authorized Officer

         Dated:  _________________

Form B

[See Rule 4(1)]

Notice for payment of Environmental Administrative Penalty  Provincial Environmental Protection Agency

Date: ________________

                     NOTICE FOR PAYMENT OF ADMINISTRATIVE PENALTY

WHEREAS, on the basis of information received/investigation made I had formed the opinion that you have prima facie contravened the provisions of Section_________of the Punjab Environmental Protection Act, 1997 on [date] at [time] at [place].

AND WHEREAS, in response to show-cause notice dated ___________issued by me, you have furnished reply dated _________ to the following effect _________________________ or have opted not to file a reply of the said notice.

AND WHEREAS, after carefully considering your written reply dated and having granted you an opportunity of personal hearing on_____________ , I have come to the conclusion that your reply is liable to be rejected for the following reasons._________________________________________

NOW THEREFORE, in exercise of powers under sub-section (7) of section 17 of the Act, I hereby issue notice requiring you to pay to the Punjab Environmental Protection Agency within

______days of receipt hereof an administrative penalty in the amount of Rs._____________.  Please note that if you pay the administrative penalty by the due date, you will not be charged under the Act for an offence in respect of the contravention. However, in case you fail to make payment, I shall initiate appropriate proceedings against you in respect of the contravention in accordance with law.

Director General / Authorized Person

SCHEDULE II

[See Rule 6(1)] 

Register of notices for payment of Environmental Administrative Penalty

Sr. No.	Name, Parentage and address of                person to                whom show cause notice issued	Date of issue of show cause notice	Section                of PEPA     1997 said to have been contravened	Amount                of Administrative penalty mentioned in show cause notice	Date of reply	Date of issue of notice or date of acceptance of reply	Amount                of Environmental Administrative Penalty mentioned                in notice	Date specified for payment of Environmental Administrative penalty	Date Environmental administrative penalty paid or date of initiation of                proceedings (specify nature)